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Legal Consideration Before
Buying A Property in Turkey
 
Legal Consideration Before Buying A Property
You should always request to see a copy of The Karar Defteri (Decision Book) for any Development that you are considering purchasing in prior to signing any purchase contract.
The Decision Book (A Thin Blue Book) which should have Official Notary Public Stamps on Every Page and the Name of The Development shown on an Additional Page issued by the Notary Public and fixed to the first inside page of the Karar Defteri.

It should also contain the following information

  • Apartment Owners House Rules
  • Estimated Yearly Operational Budget (Details of all expenditures at the The Development for 1 year)
  • Copy of the Contract between the Apartment owners and the Appointed Management Company for the Development
  • Agreed Date by all Apartment Owners for their mandatory Development Annual General Meeting Each Year.
  • Names, Addresses and contact details for all other Apartment Owners within the Development.

If this Notary Public Stamped Decision Book is not available at a development that you are considering purchasing at you should always appoint a reputable solicitor to investigate this before purchasing within that Development as it is fundamental to protecting your Rights and Your Investment. All Properties Featured on this Website are Bound By Their Decision Books at their Respective Developments and are fully compliant with the Turkish Apartment Owners Act.
We Look Forward To Dealing with Your Inquiries.


DESICION BOOK COVER

DESICION BOOK 1st PAGE
TURKISH APARTMENT OWNERS ACT

Act Number: 634

Date of Enactment: 23/06/1965

Date Published in Official Journal: 02/07/1965

Issue of Official Journal: 12038

SECTION FIVE: Management of Main building

A) General Assembly:

Article 27 – Main building shall be managed by the board of apartment owners and the method of management shall be decided by this board with the statutory provisions of the laws reserved.

B) Management Plan:

Article 28 – The management plan shall regulate the method of management, purpose and method of apartment occupation, fees to be collected by the manager and auditors and other issues concerning management. The management plan shall constitute a contract binding all apartment owners.

Disputes that may arise from the management of the main building shall be resolved in accordance with this law and the general provisions in cases where a provision is not provided in the management plan.

(Amended paragraph: 13/04/1983 - Article 2814/11.) Any amendment to the management plan shall be decided upon with the votes of at least four fifths of all apartment owners. The right of apartment owners to apply to courts according to Article 33 is reserved.

The management plan and any amendments made thereto shall be legally binding for all apartment owners together with their complete and partial successors, and managers, and auditors.

The dates of management plan and any amendments made thereto shall be registered in the (Statements) field of apartment owners’ ledger and such amendments shall constitute a part of the management plan and shall be kept together with the articles of organization for apartment ownership.

C) Meetings and decisions of the board of apartment owners:

I – Time for meeting:

Article 29 – Board of apartment owners shall convene at least once a year at dates specified in the management plan or within the first month of each calendar year if no such dates are specified.

If an important reason occurs, the board of apartment owners can be called to convene upon the demand of manager or auditor or one third of apartment owners with a written message or a registered letter indicating the reason for the meeting and signed by all apartment owners at least 15 days prior to the date of meeting.

In the first call for the meeting, the venue and date of the second meeting, in case the first meeting cannot be held due to lack of quorum, shall be defined.

II - Quorum:

Article 30 – Board of Apartment Owners shall convene if more than one-half of apartment owners or those having more than one-half of the land shares are present and shall decide with the majority of votes.

If the first meeting cannot be held due to lack of quorum, the decisions shall be made by majority of votes of those who attend the second meeting which is held within the following week at the latest.

The provisions in this law regarding the quorum per se are reserved.

III – Right to vote:

Article 31 – Each and every apartment owner shall have one vote regardless of their land share proportions.

Apartment owners with more than one independent apartment in the main building shall have one vote for each independent apartment; however, his/her total votes shall not exceed one third of total votes regardless of the number of independent apartments he/she possess, and fractions shall not be taken into account while calculating the number of vote rights.

If there is more than one owner of an independent apartment, they will be represented in the board of apartment owners by one person they will authorize. Apartment owners who are not eligible to attend the board shall be represented by legal representatives.

Apartment owners who shall be directly affected by the decisions taken can be present at the meetings but shall not have votes.
Apartment owners can designate representatives to vote on their behalf; however, the same person cannot be designated as representative to cast more than one third of total votes.

IV - Decisions:

Article 32 – Main building shall be managed according to the decisions made in compliance with the provisions of contract, management plant and laws.

Each and every apartment owner together with their complete and partial successors, the manager, and the auditors shall be obliged to comply with the decisions of the board of apartment owners.

Disputes arising from the use and management of the Main building between apartment owners or between apartment owners and managers and auditors or between auditors and managers shall be resolved and decided upon by the board of apartment owners.

Board of apartment owners shall record the decisions made in a book, each page of which is certified by the stamp of a notary public and containing page numbers starting from 1; each apartment owner present at the meeting shall sign the decisions and those voting against the decisions shall state the reason for disagreement and sign afterwards.

Possible future disputes shall be resolved on the basis of a previous decision, if any, taken on a similar issue as recorded in the decisions book.

V – Judge intervention:

Article 33 – Apartment owner or owners who want to object to the decision of the board of apartment owners or those apartment owners who suffer losses or damage due to the default of the person continuously occupying the apartment based on a rent contract or occupying right or another reason to pay his/her debts and fulfil his/her obligations shall be able to apply to the court of peace in the jurisdiction where the main building is located for the intervention of a judge.

After hearing the relevant parties, the Judge shall immediately decide according to this law or management plan, or general provisions if there is no provision specified therein, and notifies the relevant person of the necessity to take the necessary action within a defined period.

Those who fail to fulfil the provisions of the verdict of the judge within the defined period shall be punished by the same court with a fine from 100 Turkish liras to 2000 Turkish liras, with article twenty five reserved.

D) Manager:

I - Designation:

Article 34 – Apartment owners can designate a person or a board of three persons from among themselves or from other people for the management of the main building; designated person shall be referred to as (Manager), the board as (Management Board).

A manager has to be designated if there are eight or more independent apartments within the main building.

If all apartments of the main building are under the ownership of one person, the owner shall be the legal manager.

Manager shall be designated by the majority of apartment owners in terms of both number and land shares.

Manager shall be designated every year at the annual legal meeting of the board of apartment owners; former managers can be re-designated.

If the apartment owners cannot agree on the management of the main building or fail to designate a manager, upon the application of one of the apartment owners to the peace court within the jurisdiction of the building and after hearing other apartment owners, a manager shall be designated for the building. Such manager shall have the same authority as those assigned by apartment owners and shall be responsible toward apartment owners.

The manager designated by the peace court shall not be replaced by the board of apartment owners for a period of at least six months; however, if a justified reason occurs, the peace court which designated the manager can allow for his/her replacement.

In the contract signed with the manager during the designation, the manager may be required to supply a guarantee; and even if there is no such condition in the contract, the board of apartment owners can ask the manager to supply a guarantee if a justified reason occurs.

The name and surname, business and home addresses of the manager shall be written in a frame near the entrance door of the main building or in a place visible from the doorway. Otherwise, the manager or each member of the management board shall be punished by the same court with a fine from 50 Turkish liras to 250 Turkish liras.

II – Duties of the manager:

1. Conduct of general management works:

Article 35 – Responsibilities of the manager shall be defined in the management plan; unless otherwise stipulated in the management plant, the manager shall conduct the following works:

a) Fulfilling the decisions made by the board of apartment owners;

b) Taking the necessary precautions for the intended use, protection, maintenance and repair of the Main building;

c) Insuring the Main building;

d) Collecting suitable amounts of money from apartment owners for the costs of general management of Main building in addition to the protection, repair and cleaning works and for the costs of lift, central heating and air-conditioning and of insurance at dates specified in the management plan; and if no such date is specified, in the first month of every calendar year and collecting a second amount of money when the collected sum has been spent;

e) Accepting payments related to the management of the Main building; paying the debts arising from the management, and collecting the rents of the independent apartments if duly authorized by the apartment owners to this end;

f) Receiving the notifications which relate to the whole Main building;

g) Ensuring that all due dates and times for work related to the Main building are met and taking all necessary precautions not to lose any right pertaining to the Main building.

h) Taking the proper precautions on behalf of the apartment owners for issues in favour of them about the protection and maintenance of the Main building.

i) Instituting legal action and enforcement proceedings against apartment owners who fail to fulfil their obligations and pay their debts in connection with apartment ownership, and registering the liabilities in the apartment owners’ ledger;

j) Opening a bank account to his/her name in the capacity of manager of the main building in a renowned bank for depositing and withdrawing the fees collected towards the expenditures.

k) Calling the board of apartment owners to convene.

2. Keeping of ledger and documents:

Article 36 – The manager shall be obliged to record all decisions and protocols of the board of apartment owners and summaries and dates of all notices and notifications served and all expenditures – in order of date – in a ledger defined in Article 32, and shall keep all receipts for the expenditures and all other documents in a folder.

The ledger shall be taken by the manager to a notary public to be closed within a month after the end of each calendar year.

The manager who fails to execute his/her obligations under this article shall be punished with the fines specified in the last paragraph of Article 33.

3. Preparing operations plan:

Article 37 – (Amended article: 13/04/1983 – Article 2814/12)

If there are no operations plan accepted by the board of apartment owners, the manager shall prepare an operations plan without delay.

The plan shall specifically indicate:

a) Estimated revenues and expenditures of the Main building for a period of one year;

b) Estimated amount of money to be paid by each Apartment owner for all expenditures as calculated according to the principles defined in Article 20 of this law.

c) Amount of advance fee to be collected from each apartment owner according to the principles in Article 20 to cover the estimated expenditures and other possible expenditures.

This plan shall be notified by registered mail to the apartment owners or those who actually occupy the independent apartments, who shall sign the receipt of the notification. All objections to the plan raised within seven days after the notification has been served shall be reviewed by the board of apartment owners and a decision shall be made on the plan, and a new plan shall be prepared if required.

Finalised operations plans or decisions of the board of apartment owners regarding the operation expenditures shall have the effect of the documents defined in Paragraph 1 of Article 68 of Execution and Bankruptcy Law.

III- Responsibilities:

1. General rule:

Article 38 – The manager shall be responsible against the apartment owners as a proxy.

2. Accountability:

Article 39 – The manager shall give account of the revenues collected and expenditures made in connection with the Main building to the board of apartment owners at dates specified in the management plan and if no such date is specified, in the first month of each calendar year.

The manager shall reveal the accounts at dates other than those specified in the management plan upon the request of one-half of apartment owners regardless of their land shares.

IV - Rights:

Article 40 – The manager shall have the rights of a proxy in principle.

If the apartment owners fail to fulfil their obligations and pay their dues on time and in full despite the notice served by the notary public upon request of the manager, the manager shall be entitled to annul his/her contract without being forced to pay any compensation and demand the indemnification of his/her losses arising from this event from apartment owners.

The manager can demand a suitable wage from apartment owners even if a fee is not specified in the management plan or the contract he/she signed.

(Amended paragraph: 13/04/1983 – Article 2814/13) Board of apartment owners shall decide whether the manager designated from among the apartment owners will contribute to normal operation expenditures and if he/she will, in what proportion. If a decision has not been made to this end, the manager shall not pay one-half of the normal operation expenditures during his management period.

E) Audit of management:

Article 41 – Board of apartment owners shall continually audit the manager in his position and shall be entitled to replace the manager if a justified reason occurs.

If a date is not specified in the management plan for the audit of the accounts, the audit can be performed once in a three-month period; however, the audit of the accounts can be performed at any time if a justified reason occurs.

Board of apartment owners can designate an auditor from among themselves based on the number of votes or majority of land shares or designate a board of auditors board composed of three members; and the auditor or the board of auditors shall submit to the board of apartment owners an audit report which also states their opinion about the method of management of the main building at dates specified in the management plan and if no such date is specified, in the first month of each calendar year.

Auditors shall record this report and their decisions and views in a book, each page of which is certified by the stamp of a notary public and contains pages numbered starting from (1), and shall append the dates and their signatures.

F) Renewals and additions:

I – Beneficial:

Article 42 – Apartment owners shall not be entitled to make any modification at commonly used parts of the main building at their discretion; the renewal of common parts and modifications to make the common parts more easy to use and all other renewals and additions to increase benefit from such common places shall be decided upon by the apartment owners based on the majority of their number and land shares.

Expenditures for such works shall be covered by those benefiting from them on the basis of benefit proportion.

(Additional paragraph: 10/12/1990 - DFL – Article 431/1; Accepted: 05/02/1992 – Article 3770/1) If the decision to transform the central heating to individual heating is accepted, provisions of the management plan against this decision shall be deemed to have been amended and expenditures for joint works to be done for this purpose shall be covered based on the proportion of land shares.

II – Costly and luxurious renewals and additions:

Article 43 – If the renewals and additions desired are very costly or deemed to be luxurious taking into consideration the particular condition of the structure, or if they are not in places which are necessarily used by all apartment owners of the main building, the apartment owners who do not want to benefit from such modifications do not have to contribute to the expenditures; the costs of such renewals and additions shall be covered by the apartment owners who decided for their implementation.

However, if the apartment owners or their complete or partial successors who originally did not contribute to the costs start to contribute to the construction and maintenance of the renewals and additions based on their land shares, they shall be entitled to benefit from the luxurious renewals and additions.

III – Addition of independent apartments:

Article 44 – For building additional apartments on the main building or changing the attic apartment to full apartment or for constructing additional buildings specified in the second paragraph of Article 24 in the basement of the apartment or empty field of the land:

a) Board of apartment owners shall have to unanimously decide on this;

b) Land share of all independent apartments including all new additions according to the new condition of the main building after the construction works have been completed shall have to be duly and unanimously determined again;

c) Easement for land share from the new independent apartment to be added shall be established with an official title deed before land registrar officials in accordance with Article 14 and this shall be registered in the easements field of apartment owners’ ledger of all independent apartments of the main building and a reference shall be provided to the old ledger page of the main building in accordance with article 13;

Apartment owners who allow for the additions and expansions with the nature defined hereinabove but do not want to contribute to such works shall be recorded in an official document to have agreed that the diminished part of their land shares due to these additions shall be added to the independent apartments of those contributing to the additions.

In this situation, the price of the diminished part of the land share of the apartment owners who did not participate in the construction of the new independent apartment shall be paid and possession of the new independent apartment shall be established in line with the old official deed about the easement and it shall be under the ownership of those who constructed it and this shall be registered in a new page of apartment owners’ ledger to the name of the new owner or owners.

G) Transfers and important works:

Article 45 – Imposing a restriction on the main building due to a right or dividing the land and transferring the possession of the divided part to another person and important works including the renting of outer walls and roof of the main building for advertisement purposes shall be agreed upon with the unanimous decision of all apartment owners.
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